Minutes of the North Carolina Constitutional Convention at Hillsborough

North Carolina. Constitutional Convention (1788)

July 21,
1788 - August 04,
1788

Volume 22, Pages 1-35

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THE JOURNAL OF THE CONVENTION OF NORTH CAROLINA. 1788.

At a Convention begun and held at Hillsborough, on the twenty-fifth day of July, in the year of our Lord one thousand seven hundred and eighty-eight, and of the Independence of the United States of America the thirteenth, in pursuance of a resolution of the last General Assembly, for the purposes of deliberating and determining on the proposed plan of Federal Government, and for fixing the unalterable seat of government of this state.

The returning officers for the several Counties certified that the following persons were duly elected as members of this Convention, viz:

Pursuant to which, the following members appeared and took their seats, viz: His Excellency Samuel Johnston, Esq.; the hon. Samuel Spencer, Esq.; Messrs.

Lewis Lanier,

Thomas Wade,

Daniel Gould,

Nathan Keais,

John G. Blount,

James Bonner,

Thomas Alderson,

John Johnston,

Andrew Oliver,

Wm. Johnston Dawson,

Alexious M. Forster,

Lewis Dupree,

Thomas Brown,

Goodwin Elleston,

Charles M’Dowall,

James Greenlee,

Joseph M’Dowall,

Robert Miller,

Richard D. Spaight,

Abner Neale,

Benjamin Williams,

Richard Nixon,

Thomas Armstrong,

Wm. B. Grove,

James Potterfield,

Alexander M’Callester,

George Elliott,

Willis Styron,

William Sheppard,

James Phillips,

John Humphries,

William Ferebee,

Joseph Ferebee,

Michael Payne,

Charles Johnson,

Stephen Cabarrus,

Edmund Blount,

Henry Abbot,

Isaac Gregory,

Peter Dauge,

Charles Grandy,

Enoch Sawyer,

Robert Dickins,

George Roberts,

John Womack,

Ambrose Ramsey,

Jas. Anderson,

Joseph Stewart,

George Lucas,

William Vestall,

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Richard Caswell,

Winston Caswell,

Nathan Lasseter,

Thomas Evans,

Thomas Hardiman,

Robert Weakley,

William Donaldson,

William Dobins,

Robert Digges,

Bythell Bell,

Elisha Battle,

William Fort,

Etheldred Gray,

William Lancaster,

Thomas Sherrod,

John Norwood,

Sterling Dupree,

Robert Williams,

Richard Moye,

Arthur Forbes,

David Caldwell,

William Goudy,

Daniel Gillespie,

John Anderson,

John Hamilton,

Thomas Person,

Joseph Taylor,

Thornton Yancey,

Howel Lewis, Junr.,

Elijah Mitchell,

Geo. Moore,

Geo. Ledbetter,

Wm. Porter,

Wm. Bowdon,

Zebedee Wood,

Edmund Waddell,

James Gallaway,

William Bethel,

Abraham Phillips,

John May,

Charles Gallaway,

John Willis,

John Cade,

Joseph Tipton,

Elias Barnes,

Neil Brown,

John Regan,

Joseph Winston,

James Gains,

Charles M’Annelly,

Absalom Bostick,

Joseph Martin,

John Scott,

David Dodd,

John Dunkin,

Lewis Holmes,

Curtis Ivey,

Hardy Holmes,

Richard Clinton,

William Stokes,

James Winchester,

Josiah Collins,

Thomas Stewart,

James Stuart,

Robert Allison,

John Blair,

John Tipton,

Thomas Christmas,

John Macon,

William Taylor,

Henry Montfort,

Thomas Hines,

James Handley,

Brittain Sanders,

Nathaniel Jones,

Richard Allen,

Wm. Lenoir,

Joseph Herndon,

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John Brown,

John Steele,

James Fletcher,

Wm. R. Davie,

Absalom Tatom,

John Sitgreaves,

James Iredell,

William Baker,

Archibald Maclaine,

James Gregory,

Joseph Reddick,

Thomas Wynns,

Thomas Hunter,

William Little,

Lemuel Burkitt,

John Eborne,

Abraham Jones,

Caleb Foreman,

James Jasper,

Stokely Donelson,

Seth Hovey,

Nathan Bryan,

Thomas King,

Edward Whitty,

John Hill Bryan,

James Johnson,

Robert Alexander,

John Moore,

John Sloane,

John Cox,

William Maclaine,

Cornelius Doud,

John Carrell,

William Martin,

Thomas Tyson,

William Slade,

Nathan Mayo,

William M’Kenzie,

Thomas Hunter (Martin),

Robert Irwin,

Joseph Graham,

William Kindall,

Wm. Loftin,

Thomas Ussory,

James M’Donald,

John Benford,

Thomas Butler,

Robert Peebles,

James Vaughan,

William S. Marnes,

James Vinson,

Redman Bunn,

Howel Ellin,

David Pridgen,

John Bonds,

Thomas Johnston,

Daniel Yates,

Alexander Mebane,

John Spicer,

William M’Cauley,

William Mebane,

Johnathan Lindley,

William Sheppard,

Thomas Reading,

John Lane,

Enoch Relfe,

Edward Everegain,

William Skinner,

Devotion Davis,

Thos. Harvey,

Joshua Skinner,

Samuel Harrell,

John Skinner,

Wyot Hawkin

James Payne.

Mr. Person proposed for President his excellency Samuel Johnston,

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Esq., who was unanimously elected, and conducted to the chair accordingly.

On motion, John Hunt was appointed Secretary, and James Taylor Assistant Secretary.

At the same time William Murfree, Peter Gooding, Nicholas Murfree, and James Mulloy were appointed door keepers.

Mr. John Graves, one of the members for Caswell county, appeared and took his seat.

Resolved, That Messrs. Davie, Person, Iredell, J. M’Donald, Battle, Spaight, and the hon. Samuel Spencer, Esq., be a committee to prepare and draw up rules of decorum, to be observed during the sitting of this convention.

Mr. James Boswell, one of the members for Caswell county, Mr. William S. Marnes, one of the members for Nash county, Mr. John M’Callaster, one of the members for Richmond county, Mr. Joseph Leech one of the members for Craven county, Mr. David Looney, and Mr. John Sharpe, two of the members for Sullivan county, Mr. Joseph Gaitier, one of the members for Bladen county, Mr. John A. Campbell, Mr. John Pugh Williams, and Mr. John Huske, three of the members for New Hanover county, Mr. William Marshall, one of the members for Hawkins county, Mr. Charles Robertson, one of the members for Richmond county, Mr. James Gillespie, and Mr. Charles Ward, two of the members for Duplin county, Mr. William Bridges, one of the members for Johnston county, Mr. Wm. Randall and Mr. Frederick Harget, two of the members for Jones county, Mr. Richard M’Kinne, one of the members for Wayne county, Mr. John Caims, and Mr. Jacob Leonard, two of the members for Brunswick county, Mr. Thomas Carson, one of the members for Rowan county,

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Mr. William Borden, Junr., one of the members for Carteret county, Mr. Richard Singleton and Mr. James Whiteside, two of the members for Rutherford county, Mr. Caleb Phifer, Mr. Zachias Wilson, and Mr. Joseph Douglass, three of the members for Mecklinburg county, Mr. Thomas Dougan, and Mr. Jeffe Henley, two of the members for Randolph county, Mr. James Kenan, one of the members for Duplin county, Messrs. John Jones, Egbert Haywood, William Wootten, and John Branch, four of the members for Halifax county, and Mr. Henry Hill, one of the members for Franklin county, appeared and took their seats.

Mr. Battle from the committee to whom was referred the business of preparing rules for the government of the convention during the sitting thereof, reported sundry rules, which being read and amended, were agreed to, and are as follows:

I. When the president assumes the chair the members shall take their seats.

II. At the opening of the convention, each day, the minutes of the preceding day shall be read, and be in the power of the convention to be corrected, after which any business addressed to the chair may be proceeded on.

III. No member shall be allowed to speak but in his place, and after rising and addressing himself to the president shall not proceed until permitted by the president, or by a member through the president.

IV. No member speaking shall be interrupted but by a call to order by the president, or by a member through the president.

V. No person shall pass between the president and the person speaking.

VI. No person shall be called upon for any words of heat, but on the day on which they were spoken.

VII. No member to be referred to in debate by name.

VIII. The president shall be heard without interruption, and when he rises the member up shall sit down.

IX. The president himself, or by request, may call to order any member who shall transgress the rules; if a second time, the president may refer to him by name; the convention may then examine and censure the member’s conduct, he being allowed to extenuate or justify.

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X. When two or more members are up together the president shall determine who rose first.

XI. A motion made and seconded shall be repeated by the president; a motion shall be reduced to writing if the president requires it; a motion may be withdrawn by the member making it before any decision is had on it.

XII. The name of him who makes, and the name of him who seconds a motion shall be entered on the minutes.

XIII. No member shall depart the service of the House without leave.

XIV. Whenever the House shall be divided on a question two or more tellers shall be appointed by the president to number the members on each side.

XV. No members shall come into the House or remove from one place to another with his hat on except those of the quaker profession.

XVI. Every member of a committee shall attend at the call of his chairman.

XVII. The yeas and nays may be called and entered on the minutes when any two members require it.

XVIII. Every member actually attending the convention shall be in his place at the time to which the convention stands adjourned, or within half an hour thereof.

Mr. Lenoir moved, and was seconded by Mr. Person, that the return for Dobbs county should be read, which was accordingly read, whereupon Mr. Lenoir presented the petition of sundry of the inhabitants of Dobbs county, complaining of an illegal election in the said county, and praying relief, which was also read, on the motion of Mr. Lenoir, seconded by Mr. Davie, Resolved, That the said petition be referred to the committee on elections.

Mr. Spaight presented the deposition of Benjamin Caswell, Sheriff of Dobbs county, and a copy of a poll of an election held in the said county for members to this convention, and the depositions of William Croom, Niel Hopkins, Robert White, John Hartsfield, Job Smith, and Frederick Baker, which being severally read, was referred to the committee of elections.

Mr. Cabarrus presented the depositions of Charles Markland, Junr.

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and Luther Spalding, relative to the election of Dobbs county, which being read was referred to the committee of elections.

Adjourned until to-morrow morning 10 o’clock.

Wednesday, July 23, 1788.

Met according to adjournment.

Mr. Edmund Blount, and Mr. Simeon Spruill, two of the members for Tyrrel county, Mr. Andrew Bass, one of the members for Wayne county, Mr. Joseph Boon, Mr. Wm. Farmer, and Mr. John Bryan, three of the members for Johnston county, Mr. Edward Williams, one of the members for Richmond county, Mr. Francis Oliver, one of the members for Duplin county, Mr. Matthew Brooks, one of the members for Surry county, Mr. David Turner, one of the members for Bertie county, and Mr. Willie Jones, one of the members for Halifax county, appeared and took their seats.

Mr. Gregory, from the committee on elections, to whom was referred the returns from Dobbs county, and sundry other papers and the petition of sundry of the inhabitants of Dobbs county, relative to the election of said county, delivered in a report which being read was agreed to in the following words, viz:

Resolved, That it is the opinion of this committee, that the sitting members returned from the county of Dobbs vacate their seats, as it does not appear that a majority of the county approved of a new election under the recommendation of his excellency the governor, but the contrary is more probable.

That it appears to this committee, that there was a disturbance and riot at the first election (which election was held on the days appointed by the resolve of the General Assembly) before all the tickets could be taken out of the box, and the box was then taken away by violence, at which time it appears there was a sufficient number of tickets remaining in the box to have given a majority of the whole Poll to five others of the candidate beside those who had a majority of the votes at the time when the disturbance and riot happened: It is therefore the opinion of this committee, that the sheriff could have made no return of any five members elected, nor was there any evidence before the committee by which they could determine with certainty,

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which candidates had a majority of the votes of the other electors.

The committee was therefore of opinion, that the first election is void as well as the latter.

ISAAC GREGORY, Chairman.

On a motion made by Mr. Gallaway, second by Mr. Macon, Resolved, That the bill of rights and constitution of this state, the articles of the confederation, the resolve of Congress of the 21st of February 1787, recommending a convention of delegates to meet at Philadelphia the second Monday in May 1787, for the purpose of revising the said articles of confederation, together with the act of Assembly of this State, passed at Fayetteville on the 6th day of January 1787, intituled, “An act for appointing deputies from this state to a convention proposed to be held in the city of Philadelphia in May next, for the purpose of revising the Federal Constitution:” As also the resolve of Congress of the 28th September last accompanying the report of the Federal Convention, together with the said report, and the resolution of the last General Assembly be now read.

The bill of rights, and the Constitution of this State, the articles of confederation, the act of assembly of this State above referred to, and the resolution of Congress, of the 28th last September, were accordingly read. The Honorable the President then laid before the Convention official accounts of the ratification of the proposed Federal Constitution by the states of Massachusetts and South Carolina, which were ordered to be filed with the secretary, subject to the perusal of the members.

On a motion made by Mr. Person, seconded by Mr. Jones,

Resolved, That the convention will to-morrow determine on what principles, and in what manner they will proceed to take up and debate on the proposed Federal Constitution.

Mr. Griffith Rutherford and Mr. George Henry Barringer, two of the members for Rowan county, appeared and took their seats.

Adjourned until to-morrow morning 9 o’clock.

Thursday, July 24, 1788.

Met according to adjournment.

Mr. Timothy Bloodworth, one of the members for New Hanover county, Mr. Everet Pearce, one of the members for Johnston county,

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Mr. Whitmill Hill, one of the members for Martin county, Mr. Asahel Rawlings, Mr. James Wilson and Mr. James Roddy, three of the members for Greene county, Mr. Samuel Cain, one of the members for Bladen county, Mr. James Bloodworth, one of the members for New Hanover county, Mr. John Ingram, a member for the town of Fayetteville, Mr. Benj. Covington, one of the members for Richmond county, Mr. Joseph M’Dowall, Junr., one of the members for Burke county and Mr. Durham Hall, one of the members for Franklin county, appeared and took their seats.

On a motion made by Mr. Bloodworth, and seconded by Mr. Maclaine, Resolved, That the special return made by the Sheriff of New Hanover county of the election for members of this convention be referred to the committee of elections.

On a motion made by Mr. Person, and seconded by Mr. Iredell, Resolved, That the return for a member for the town of Fayetteville, be referred to the committee of elections.

On a motion made by Mr. Gallaway, and seconded by Mr. Michael Payne, Resolved, That this convention do now resolve itself into a committee of the whole convention, to take into consideration the proposed constitution for the future government of the United States: The convention accordingly resolved itself into a committee of the whole convention, and appointed Mr. Battle chairman, and after some time spent in debate on the subject referred to them, Mr. President resumed the chair, and Mr. Battle reported that the committee had made some progress on the business referred to them, but not having time to compleat it desired leave to sit again.

Ordered, That the committee have leave to sit again to-morrow at 10 o’clock.

On a motion made by Mr. Macon, and seconded by Mr. Porter, Resolved, That a committee be appointed to confer with a printer in this town on the subject of printing the journal of this convention: The members appointed are, Mr. Alexander Mebane, Mr. Mebane and Mr. Person.

Adjourned until to-morrow morning 10 o’clock.

Friday, July 25, 1788.

Met according to adjournment.

Mr. Joel Lane and Mr. James Hinton, two of the members for

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Wake county, Mr. Benjamin Smith, one of the members for Brunswick county, Mr. James Brannon, one of the members for Rowan county, appeared and took their seats.

Mr. Gregory from the committee of elections delivered in a report, which being read was agreed to as follows:

The committee proceeded to have read the return of the sheriff of Cumberland county for the town of Fayetteville in said county, wherein John Ingram was returned to represent said town in the convention.

It is the opinion of this committee that the said town possesses not the right of representation in this convention, and that therefore the said John Ingram hath no right to a seat in the same.

It appearing to this committee that the votes given to Thomas Devane, Senr., Esq.; and Thomas Devane, were intended and meant for the same person; Resolved therefore, that the said Thomas Devane, Senr., Esq.; is duly elected to represent the county of New Hanover in this present convention, and that he take his seat accordingly.

ISAAC GREGORY, Chairman.

Mr. Mebane, one of the committee appointed to confer with the printer on the subject of printing the journal of this convention, Reported, That Mr. Ferguson offered to print three hundred copies of the journal and such other business as may be deemed absolutely necessary for the sum of sixty pounds, which offer the committee accepted of.

The order of the day for taking into further consideration the proposed constitution for the future government of the United States being called for, the convention agreeably thereto resolved itself into a committee of the whole convention, Mr. Battle in the chair, after some time spent in debate, Mr. President resumed the chair, and Mr. Battle reported, that the committee had made further progress in the business referred to them, but not having time to compleat it desired leave to sit again to-morrow.

Ordered, That the committee have leave to sit again to-morrow.

Adjourned until to-morrow morning 9 o’clock.

Saturday, July 26, 1788.

Met according to adjournment.

Mr. Nathaniel Allen, one of the members for Chowan county, and

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Mr. William Dicks, one of the members for Duplin county appeared and took their seats.

The order of the day for taking into further consideration the proposed constitution for the future government of the United States being called for, the convention agreeably thereto resolved itself into a committee of the whole convention, Mr. Kenan in the chair, and after some time spent in debate, Mr. President resumed the chair, and Mr. Kenan reported, that the committee had made further progress in the business referred to them, but not having time to compleat it desired leave to sit again on Monday next.

Ordered, That the committee have leave to sit again on Monday next.

Adjourned until to-morrow morning 9 o’clock.

Monday, July 28, 1788.

Met according to adjournment.

Mr. Burwell Mooring, one of the members for Wayne county, and Mr. Thomas Owen, one of the members for Bladen county, appeared and took their seats.

The order of the day for taking into further consideration the proposed constitution for the future government of the United States being read, the convention agreeably thereto resolved itself into a committee of the whole convention, Mr. Kenan in the chair, and after some time spent in debate, Mr. President resumed the chair, and Mr. Kenan reported, that the committee had made further progress in the business referred to them, but not having time to compleat it desired leave to sit again.

Ordered that the committee have leave to sit again to-morrow.

Adjourned until to-morrow morning 9 o’clock.

Tuesday, July 29, 1788.

Met according to adjournment.

Mr. Matthew Lock, one of the members for Rowan county, appeared and took his seat.

Ordered, That Mr. James M’Donald have leave to absent himself from the service of this house until Saturday.

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The order of the day for taking into further consideration the proposed constitution for the future government of the United States being read, the convention agreeably thereto resolved itself into a committee of the whole convention, Mr. Kenan in the chair, and after some time spent in debate, Mr. President resumed the chair, and Mr. Kenan reported, that the committee had made further progress in the business referred to their consideration, but not having time to compleat it desired leave to sit again.

Ordered, That the committee have leave to sit again to-morrow.

Adjourned until to-morrow morning 9 o’clock.

Wednesday, July 30, 1788.

Met according to adjournment.

Mr. George Wynns, one of the members for Hertford county, appeared and took his seat.

The order of the day for taking into further consideration the proposed constitution for the future government of the United States being read, the convention agreeably thereto resolved itself into a committee of the whole convention, Mr. Kenan in the chair, after some time spent therein, Mr. President resumed the chair, and Mr. Kenan reported that the committee had come to sundry resolutions on the subject referred to their consideration, but not having the time to reduce them to form, desired leave to sit again.

Ordered that the committee have leave to sit again to-morrow.

Adjourned until to-morrow morning 9 o’clock.

Thursday, July 31, 1788.

Met according to adjournment.

Ordered, That Mr. Joseph Martin have leave to absent himself from the service of this convention, and that the secretary make out and deliver to him a certificate of the sum due him for his attendance as a member thereof.

On a motion made by Mr. Rutherford, and seconded by Mr. Steele, Resolved, That the convention will, to-morrow at four o’clock in the afternoon, proceed to fix on a proper place for the seat of government of this State.

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Mr. John G. Blount on behalf of himself and others, moved for leave to enter a protest on the journal of this convention against the above resolution. Ordered, That he have leave accordingly.

The order of the day for taking into further consideration the proposed constitution for the future government of the United States being read, the convention resolved itself into a committee of the whole convention Mr. Kenan in the chair, after some time spent therein, Mr. President resumed the chair and Mr. Kenan reported from the committee of the whole convention, that the committee had considered the constitution proposed for the government of the United States, and had come to a resolution thereupon, which he read in his place, and afterwards delivered in at the clerk’s table.

Ordered, That the said report lie on the table until to-morrow morning.

Adjourned until to-morrow morning 9 o’clock.

Friday, August 1, 1788.

Met according to adjournment.

Mr. David Perkins one of the members of Pitt county, appeared and took his seat.

The Order of the Day for taking up the report of the Committee of the whole Convention being called for and read, agreeable thereto, the report of the Committee of the whole Convention on the proposed Constitution of Government for the United States of America was read in the following words:

Resolved, That a Declaration of Rights, asserting and securing from incroachment the great Principles of civil and religious Liberty, and the unalienable rights of the People, together with Amendments to the most ambiguous and exceptionable parts of the said Constitution of Government, ought to be laid before Congress, and the Convention of States that shall or may be called for the Purpose of Amending the said Constitution, for their consideration, previous to the Ratification of the Constitution aforesaid, on the part of the State of North Carolina.

DECLARATION OF RIGHTS.

1st. That there are certain natural rights of which men, when they form a special compact, cannot deprive or divert their posterity,

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among which are the enjoyment of life and liberty, with the means of acquiring, possessing and protecting property, and pursuing and obtaining happiness and safety.

2d. That all power is naturally vested in, and consequently derived from the people; that magistrates therefore are their trustees and agents, and at all times amenable to them.

3d. That Government ought to be instituted for the common benefit, protection and security of the people; and that the doctrine of non-resistance against arbitrary power and oppression is absurd, slavish, and destructive to the good and happiness of mankind.

4th. That no man or set of men are entitled to exclusive or separate public emoluments or privileges from the community but in consideration of public services; which not being descendible, neither ought the offices of magistrate, legislator or judge, or any other public office to be hereditary.

5th. That the legislative, executive and judiciary powers of government should be separate and distinct, and that the members of the two first may be restrained from oppression by feeling and participating the public burdens; they should at fixed periods be reduced to a private station, return into the mass of the people, and the vacancies be supplied by certain and regular elections; in which all or any part of the former members to be eligible or ineligible, as the rules of the Constitution of Government, and the laws shall direct.

6th. That the elections of Representatives in the legislature ought to be free and frequent, and all men having sufficient evidence of permanent common interest with and attachment to the community, ought to have the right of suffrage; and no aid, charge, tax or fee can be set, rated or levied upon the people without their own consent, or that of their representatives so elected; nor can they be bound by any law to which they have not in like manner assented for the public good.

7th. That all power of suspending laws, or the execution of laws by any authority, without the consent of the representatives of the people in the Legislature, is injurious to their rights, and ought not to be executed.

8th. That in all capital and criminal prosecutions a man hath a right to demand the cause and nature of his accusation, to be confronted

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with the accusers and witnesses, to call for evidence, and be allowed counsel in his favor, and to a fair and speedy trial by an impartial jury of his vicinage, without whose unanimous consent he cannot be found guilty (except in the government of the land and naval forces) nor can he be compelled to give evidence against himself.

9th. That no freeman ought to be taken, imprisoned, or disseized of his freehold, liberties, privileges or franchises or outlawed or exiled, or in any manner destroyed or deprived of his life, liberty or property, but by the law of the land.

10th. That every freeman restrained of his liberties is intitled to a remedy to enquire into the lawfulness thereof, and to remove the same, if unlawful; and that such remedy ought not to be denied or delayed.

11th. That in controversies respecting property, and in suits between man and man, the ancient trial by jury is one of the greatest securities to the rights of the people, and ought to remain sacred and involable.

12th. That every freeman ought to find a certain remedy by recourse to the laws for all injuries and wrongs he may receive in his person, property or character; he ought to obtain right and justice freely without fail, completely and without denial, promptly and without delay, and that all establishments, or regulations contravening these rights, are oppressive and unjust.

14th. That every freeman has a right to be secure from all unreasonable searches and seizures of his person, his papers and property: all warrants therefore to search suspected places, or to apprehend any suspected person without specially naming or describing the place or person, are dangerous and ought not to be granted.

15th. That the people have a right to peaceably assemble together to consult for the common good, or to instruct their representatives; and that every freeman has a right to petition or apply to the Legislature for redress of grievances.

16th. That the people have a right to freedom of speech, and of writing and publishing their sentiments; that the freedom of the press is one of the greatest bulwarks of liberty, and ought not to be violated.

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17th. That the people have a right to keep and bear arms; that a well regulated militia composed of the body of the people, trained to arms is the proper, natural and safe defence of a free State. That standing armies in time of peace are dangerous to Liberty, and therefore ought to be avoided, as far as the circumstances and protection of the community will admit; and that in all cases, the military should be under strict subordination to, and governed by the civil power.

18th. That no soldier in time of peace ought to be quartered in any house without the consent of the owner, and in time of war in such manner only as the laws direct.

19th. That any person religiously scrupulous of bearing arms ought to be exempted upon payment of an equivalent to employ another to bear arms in his stead.

20th. That religion, or the duty which we owe to our Creator and the manner of discharging it, can be directed only by reason and conviction, not by force or violence, and therefore all men have an equal, natural and unalienable right to the free exercise of religion, according to the dictates of conscience, and that no particular religion, sect or society ought to be favored or established by law in preference to others.

AMENDMENTS TO THE CONSTITUTION.

1. That each state in the Union shall, respectively, retain every power, jurisdiction and right, which is not by this Constitution delegated to the Congress of the United States, or to the departments of the Federal Government.

II. That there shall be one representative for every 30,000 according to the enumeration of the census, mentioned in the Constitution, until the whole number of the representatives amount to two hundred; after which the number shall be continued or increased, as Congress shall direct, upon the principles fixed in the constitution, by apportioning the representatives of each State to some greater number of people from time to time, as the population encreases.

III. When Congress shall lay direct taxes or excises, they shall immediately inform the executive power of each State, of the quota of such State, according to the census herein directed, which is proposed to be thereby raised: And if the Legislature of any State shall

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pass a law, which shall be effectual for raising such quota at the time required by Congress the taxes and excises laid by Congress shall not be collected in such State.

IV. That the members of the Senate and House of Representatives shall be ineligible to, and incapable of holding any civil office under the authority of the United States, during the time for which they shall, respectively be elected.

V. That the journals of the proceedings of the Senate and House of Representatives shall be published at least once in every year, except such parts thereof relating to treaties, alliances, or military operations, as in their judgment require secrecy.

VI. That a regular statement and account of the receipts and expenditures of all public monies shall be published at least once in every year.

VII. That no commercial treaty shall be ratified without the concurrence of two thirds of the whole number of the members of the Senate: And no treaty, ceding, contracting, restraining or suspending the territorial rights or claims of the United States, or any of them, or their, or any of their rights, or claims to fishing in the American seas, or navigate the American rivers shall be made, but in cases of the most urgent and extreme necessity; nor shall any such treaty be ratified without the concurrence of three-fourths of the whole number of the members of both houses respectively.

VIII. That no navigation law, or law regulating commerce shall be passed without the consent of two thirds of the members present in both houses.

IX. That no standing army or regular troops shall be raised or kept up in time of peace, without the consent of two thirds of the members present in both Houses.

X. That no soldier shall be enlisted for any longer term than four years, except in time of war, and then for no longer term than the continuance of the war.

XI. That each state, respectively, shall have the power to provide for organizing, arming and disciplining its own militia whensoever Congress shall omit or neglect to provide for the same. That the militia shall not be subject to martial law except when in actual service in time of war, invasion or rebellion: And when not in actual service of the United States shall be subject only to such fines,

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penalties and punishments as shall be directed or inflicted by the laws of its own State.

XII. That Congress shall not declare any State to be in rebellion without the consent of at least two thirds of all the members present of both Houses.

XIII. That the exclusive power of Legislation given to Congress over the federal town and its adjacent district and other places purchased, or to be purchased by Congress of any of the States, shall extend only to such regulations as respect the police and good government thereof.

XIV. That no person shall be capable of being president of the United States for more than eight years in any term of sixteen years.

XV. That the judicial power of the United States shall be vested in one supreme court, and in such courts of admiralty as Congress may from time to time ordain and establish in any of the different States. The judicial power shall extend to all cases in law and equity, arising under treaties made, or which shall be made under the authority of the United States; to all cases affecting ambassadors, other foreign ministers and counsels; to all cases of admiralty, and maritime jurisdiction; to controversies to which the United States shall be a party; to controversies between two or more States, and between parties claiming lands under the grants of different states; in all cases affecting ambassadors, other foreign ministers and consuls, and those in which a state shall be a party; the supreme court shall have original jurisdiction in all other cases before mentioned; the supreme court shall have appellate jurisdiction as to matters of law only, except in cases of equity, and of admiralty and maritime jurisdiction, in which the supreme court shall have appellate jurisdiction, both as to the law and fact, with such exceptions and under such regulations as the Congress shall make: But the judicial power of the United States shall extend to no case where the cause of action shall have originated before the ratification of this constitution, except in disputes between the States about their territory; disputes between persons claiming lands under the grants of different states, and suits for debts due to the United States.

XVI. That in criminal prosecutions, no man shall be restrained in the exercise of the usual and accustomed right of challenging or excepting to the jury.

XVII. That Congress shall not alter, modify or interfere in the

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times, places, or manner of holding elections for senators and representatives, or either of them, except when the legislature of any State shall neglect, refuse, or be disabled by invasion or rebellion, to prescribe to the same.

XVIII. That those clauses which declare that Congress shall not exercise certain powers, be not interpreted in any manner whatsoever to extend the powers of Congress; but that they be construed either as making exceptions to the specified powers where this shall be the case, or otherwise as inserted merely for greater caution.

XIX. That the laws ascertaining the compensation of Senators and Representatives for their services be postponed in their operation until after the election of representatives immediately succeeding the passing thereof, that excepted, which shall first be passed on the subject.

XX. That some tribunal, other than the Senate be provided for trying impeachments of senators.

XXI. That the salary of a judge shall not be increased or diminished during his continuance in office, otherwise than by general regulations of salary, which may take place on a revision of the subject at stated periods of not less than seven years, to commence from the time such salaries shall be first ascertained by Congress.

XXII. That Congress erect no company of merchants with exclusive advantages of commerce.

XXIII. That no treaties which shall be directly opposed to the existing laws of the United States in Congress assembled shall be valid, until such laws shall be repealed, or made conformable to such treaty; nor shall any treaty be valid which is contradictory to the Constitution of the United States.

XXIV. That the latter part of the fifth paragraph of the 9th section of the first article be altered to read thus: Nor shall vessels bound to a particular State be obliged to enter or pay duties in any other; nor when bound from any one of the States be obliged to clear in another.

XXV. That Congress shall not directly or indirectly, either by themselves or through the judiciary, interfere with any one of the States in the redemption of paper money already emitted and now in circulation, or in liquidating and discharging the public securities of any one of the States, but each and every State shall have the

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exclusive right of making such laws and regulations for the above purposes as they shall think proper.

XXVII. That Congress shall not introduce foreign troops in the United States without the consent of two thirds of the members present of both Houses.

Mr. Iredell, seconded by Mr. John Skinner, moved that this report be amended, by striking out all the words of the said report except the two first, to-wit, (Resolved that). And that the following words be inserted in their room, viz:

This Convention having fully deliberated on the constitution proposed for the future government of the United States of America by the Federal Convention, lately held at Philadelphia, on the seventeenth day of September last, and having taken into their serious and solemn consideration the present critical situation of America, which induces them to be of opinion, that though certain amendments to the said constitution may be wished for, yet that those amendments should be proposed subsequent to the ratification on the part of this State, and not previous to it; They do therefore, on behalf of the State of North Carolina, and the good people thereof, and by virtue of the authority to them delegated, ratify the said constitution on the part of this State: And they do at the same time recommend, that as early as possible, the following amendments to the constitution may be proposed for the consideration and adoption of the several states in the Union, in one of the modes prescribed in the fifth article thereof.

AMENDMENTS.

I. Each State in the Union shall respectively retain every power, jurisdiction and right, which is not by this constitution delegated to the Congress of the United States, or to the departments of General Government; nor shall the said Congress, or any department of the said government exercise any act of authority over any individual in any of the said States, but such as can be justified under some power, particularly given in this Constitution; but the said Constitution shall be considered at all times a solemn instrument, defining the extent of their authority, and the limits of which they cannot rightfully in any instance exceed.

II. There shall be one representative for every thirty thousand, according to the enumeration of census, mentioned in the Constitution,

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until the whole number of representatives amount to two hundred; after which that number shall be continued or increased as Congress shall direct, upon the principles fixed in the constitution, by apportioning the representatives of each State to some greater number of people from time to time, as population increases.

III. Each state, respectively, shall have the power to provide for organizing, arming and discipling its own militia, whensoever Congress shall omit or neglect to provide for the same. The militia shall not be subject to martial law, except when in actual service in time of war, invasion, or rebellion; and when they are not in the actual service of the United States, they shall be subject only to such fines, penalties and punishments as shall be directed or inflicted by the laws of its own State.

IV. The Congress shall not alter, modify, or interfere in the times, places or manner of holding elections for Senators and Representatives, or either of them, except when the legislature of any State shall neglect, refuse or be disabled by invasion or rebellion, to prescribe the same.

V. The laws ascertaining the compensation of Senators and representatives for their services, shall be postponed in their operation, until after the election of representatives, immediately succeeding the passing thereof; that excepted, which shall first be passd on the subject.

VI. Instead of the following words in the 9th section of the first article, viz: “Nor shall vessels bound to, or from one State, be obliged to enter, clear or pay duties in another.” (The meaning of which is, by many deemed not sufficiently explicit). It is proposed that the following shall be substituted: No vessel bound to one State shall be bound to enter or pay duties to which such vessel may be liable at any port of entry in any other state than that to which such vessel is bound; Nor shall any vessel bound from one State be obliged to clear or pay duties to which such vessel may be liable at any port of clearance, in any other state than that from which such vessel is bound.”

This motion made by Mr. Iredell being objected to, the question was put, “Will the Convention adopt this amendment or not?” and it was negatived: Whereupon the yeas and nays were required by Mr. Iredell, and seconded by Mr. Steele, as follows:

On a motion made by Mr. Willie Jones, and seconded by Mr. Thos. Alderson, Resolved, That this Convention will not fix the seat of government at any one particular point; but that it will be left at the discretion of the Assembly to ascertain the exact spot: Provided always, that it shall be within ten miles of the point or place determined on by this Convention.

Resolved, That the several places hereafter named be in nomination for the seat of government of this State, to-wit:

Smithfield, nominated by Mr. James Payne.

Tarborough, nominated by Mr. Robert Williams.

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Fayetteville, by Mr. Wm. Barry Grove.

Mr. Isaac Hunter’s in Wake county, by Mr. James Iredell.

New Bern, by the Hon. Mr. Spencer.

Hillsborough, by Mr. Alexander Mebane.

The fork of Haw and Deep rivers, by Mr. Thomas Person.

And that Mr. Elijah Mitchell, Mr. Benjamin Williams, Mr. Nathaniel Jones, and Mr. John Cains be appointed commissioners to superintend and conduct the balloting.

Adjourned until 10 o’clock.

Met according to adjournment.

Mr. Benjamin Williams, one of the commissioners appointed to superintend and conduct the balloting for the place at which the seat of government shall be fixed, Reported, That no one place ballotted for had a majority of votes.

Ordered, That the commissioners proceed to a second balloting.

The report of the committee of the whole Convention, according to order was taken up and read in the same words as on yesterday, when it was moved by Mr. Thomas Person, and seconded by Mr. John Macon, that the Convention do concur therewith, which was objected to by Mr. Archibald Maclaine. The question being put, Will the Convention concur with the report of the Committee of the whole Convention or not? it was carried in the affirmative: Whereupon Mr. Davie called for the yeas and nays, and was seconded by Mr. Cabarrus, which are as follows:

On a motion made by Mr. Willie Jones, and seconded by Mr. James Gallaway, the following resolution was adopted, viz:

Whereas this convention has thought proper, neither to ratify nor reject the constitution proposed for the government of the United States; and as Congress will proceed to act under the said constitution, ten States having ratified the same, and probably lay an impost on goods imported into the said ratifying States:

Resolved, That it be recommended to the Legislature of this State, that whenever Congress shall pass a law for collecting an impost in the States aforesaid, this State enact a law for collecting a similar impost on goods imported into this State, and appropriate the money arising therefrom to the use of Congress.

On the question to agree to this resolution the yeas and nays were required by Mr. John G. Blount, and seconded by Mr. Spaight, which are as follows:

On a motion made by Mr. Willie Jones and seconded by Mr. James Gallaway, Resolved unanimously, That it be recommended to the General Assembly to take effectual measures for the redemption of

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the paper currency, as speedily as may be, consistent with the situation and circumstances of the people of this State.

On a motion made by Mr. Willie Jones, and seconded by Mr. James Gallaway:

Resolved unanimously, That the Hon. the President be requested to transmit to Congress, and to the executive of New Hampshire, Massachusetts, Connecticut, Rhode Island, New York, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, South Carolina, and Georgia, a copy of the resolutions of the committee of the whole convention on the subject of the constitution proposed for the government of the United States, concurred with by this convention, together with a copy of the resolutions on the subject of impost and paper money.

Adjourned until 4’clock, P. M.

Met according to adjournment.

Mr. Benj. Williams, one of the commissioners appointed to superintend and conduct the balloting for the place at which the seat of government of this State shall be fixed, Reported, That they had a second time proceeded thereon, and that Mr. Isaac Hunter’s, in Wake county, was the place fixed upon for that purpose, by a majority of the votes of the members of this convention.

Mr. Iredell from the committee appointed to prepare and introduce an Ordinance for establishing the seat of government of this State, moved for leave, and presented an Ordinance for establishing a place for holding the future meetings of the General Assembly, and the place of residence of the chief officers of the State, which he read in his place, and afterwards delivered in at the clerk’s table, where it was again read, passed, and ordered to be ratified.

Ordered, That such of the members of this convention, as may think proper, have leave to enter their protest on the journal against the ordinance for establishing the seat of government.

Ordered, That the estimate of allowances to the members and officers of this convention be made out, to include Monday next.

Phillips, and the Hon. Samuel Spencer, have leave to absent themselves from the service of this convention.

Adjourned until Monday morning 6 o’clock.

Monday,August 4, 1788.

Met according to adjournment.

Mr. William Barry Grove, according to order, presented the following protest, subscribed by the persons whose names are thereunto annexed, to-wit:

Dissentient.—Because the establishment of a seat of government in a place unconnected with commerce, and where there is at present no town, will be attended with a heavy expence to the people, and the town when established never can rise above the degree of a village: The experience of Virginia and Maryland have given a striking proof of this in the towns of Williamsburg and Annapolis.

Because the establishment of the seat of government at Fayetteville would have a great and instantaneous effect upon the decayed commerce of this country, by holding out immediate advantage to those who are imployed in the culture of tobacco and other valuable articles of export, the principal part of which is now exported from Virginia and South Carolina.

Because it should be the policy of this State to encourage a great commercial town, at the head of the best navigation in the State; a situation which seems intended by nature to command the produce of the interior settlements.

Because we conceive the place fixed on is not authorized by the resolution of the General Assembly, under whose recommendation this convention met, as that resolution expressly says, “the convention shall fix on a particular place;” whereas by a resolution of the convention a latitude is given of twenty miles to a given spot, and the appointment or selection of the identical spot now reverts to the Legislature, contrary to the spirit and meaning of the constitution.